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Farmers, processors criticize Michigan’s water discharge regulations as unclear and unpredictable

Michigan farmers and food processors are raising concerns about the lack of transparency in the water discharge permitting process with the state.

Former state agriculture director Jamie Clover Adams aired grievances she’s been receiving through the Michigan Vegetable Council to the Michigan House Ag Committee during last week’s hearing.

“Processors are facing changing discharge standards without notice, without explanation, and without an opportunity for input,” she says. “In many cases, facilities only learn of these changes when they receive a letter requiring near immediate compliance or when an inspector arrives at the door.”

She uses a nearly 100 percent decline in water quality metrics from the Michigan Department of Environment, Great Lakes, and Energy as an example.

“There’s been no clear explanation about the purpose or what we hope to gain by making that change,” she says. “And this is not an isolated incident. It reflects a broader pattern of regulatory changes occurring outside of a transparent process.”

West Michigan farmer Representative Luke Meerman has co-sponsored bipartisan legislation that would exempt operations that discharge less than 100,000 gallons of wastewater per year from groundwater discharge permits.

“These bills are just a representation of farmers trying to find some relief,” he explains. “If farmers were getting permits out in a timely fashion, if it wasn’t a moving target, I don’t even think these bills would be here.”

The average U.S. household uses up to 30,000 more gallons of water per year than what the exemption covers.

Michigan Farm Bureau says the small and mid-sized farms are often regulated the same as larger entities, despite using significantly less wastewater and having limited resources for compliance.

Current groundwater discharge permits are required when businesses dispose of wastewater not connected to a municipal sewer system. Advocates say the legislation would exempt using water to cool and wash fruits and vegetables, or other wastewater used to produce, process, or create a farm product.

Groups including the Michigan Agricultural Cooperative Marketing Association, Michigan Blueberry Advisory Committee, Michigan Apple Association, Michigan Agri-Business Association, Michigan Cherry Committee, Michigan Cattlemen’s Association, and National Federation of Independent Business also support the bills. 

Environmental groups opposed to the measures say if the water is exempted, there’s no way to know if it’s free of hazardous materials, and they would like to fine-tune the current process instead of creating ambiguous loopholes.